H.B. No. 1463
1-1 AN ACT
1-2 relating to the description and use of the state flag, the
1-3 governor's flag, the state arms, and the state seal and to the
1-4 adoption and rendition of the state song.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 106, Revised Statutes, is amended by adding
1-7 Article 6139a to read as follows:
1-8 Art. 6139a. DESCRIPTION OF THE STATE FLAG. (a) The state
1-9 flag is the 1839 national flag of the Republic of Texas.
1-10 (b) The state flag consists of a rectangle with a width to
1-11 length ratio of two to three containing:
1-12 (1) a blue vertical stripe one-third the entire length
1-13 of the flag wide, and two equal horizontal stripes, the upper
1-14 stripe white, the lower red, each two-thirds the entire length of
1-15 the flag long; and
1-16 (2) a white, regular five-pointed star in the center
1-17 of the blue stripe, oriented so that one point faces upward, and of
1-18 such a size that the diameter of a circle passing through the five
1-19 points of the star is equal to three-fourths the width of the blue
1-20 stripe.
1-21 (c) The red, white, and blue of the state flag stand,
1-22 respectively, for bravery, purity, and loyalty.
1-23 (d) The red and blue colors of the state flag are the same
1-24 colors used in the United States flag and are defined as numbers
2-1 80108 (red) and 80075 (dark blue) of The Standard Color Reference
2-2 of America, 10th edition.
2-3 (e) When displayed permanently mounted on a staff, as for
2-4 indoor or parade use, the state flag may be decorated with gold
2-5 fringe and its staff with gold cords and tassels.
2-6 (f) When the state flag is displayed on a staff, the staff
2-7 should be at least 2-1/2 times as long as the flag's hoist, and the
2-8 state flag should be attached to the staff's peak. The staff's
2-9 finial should be either a lone star or a spearhead.
2-10 (g) The governor may prescribe additional rules with respect
2-11 to the description of the state flag. The governor shall set forth
2-12 any alterations or additional rules in an executive order published
2-13 in the Texas Register.
2-14 SECTION 2. Title 106, Revised Statutes, is amended by adding
2-15 Article 6139b to read as follows:
2-16 Art. 6139b. PLEDGE OF ALLEGIANCE TO THE STATE FLAG. (a)
2-17 The pledge of allegiance to the state flag is, "Honor the Texas
2-18 flag; I pledge allegiance to thee, Texas, one and indivisible."
2-19 (b) The pledge of allegiance to the state flag should be
2-20 rendered by all present except those in uniform by standing at
2-21 attention facing the flag with the right hand over the heart.
2-22 Individuals who are not in uniform and who are wearing a headdress
2-23 that is easily removeable should remove their headdress with their
2-24 right hand and hold it at the left shoulder, with the hand over the
2-25 heart. Individuals in uniform should remain silent, face the flag,
2-26 and render the military salute.
2-27 (c) The pledge of allegiance to the state flag may be
3-1 recited at all public and private meetings at which the pledge of
3-2 allegiance to the United States flag is recited and at state
3-3 historical events and celebrations.
3-4 (d) The pledge of allegiance to the state flag should be
3-5 recited after the pledge of allegiance to the United States flag if
3-6 both are recited.
3-7 SECTION 3. Title 106, Revised Statutes, is amended by adding
3-8 Article 6139c to read as follows:
3-9 Art. 6139c. TEXAS FLAG CODE
3-10 Sec. 1. This article may be cited as the Texas Flag Code.
3-11 Sec. 2. The rules set out by Section 3 of this article
3-12 govern the use of the state flag in this state.
3-13 Sec. 3. (a) The state flag normally should not be displayed
3-14 outdoors earlier than sunrise or later than sunset. However, when
3-15 a patriotic effect is desired, the state flag may be displayed 24
3-16 hours a day if properly illuminated during the hours of darkness or
3-17 may be displayed under the same circumstances as the United States
3-18 flag may be displayed.
3-19 (b) The state flag should be hoisted briskly and lowered
3-20 ceremoniously.
3-21 (c) The state flag should not be displayed on days when the
3-22 weather is inclement unless a weatherproof flag is displayed.
3-23 (d) The state flag should be displayed on all state holidays
3-24 and on special occasions of historical significance. Texas Flag
3-25 Day shall be celebrated on March 2, Texas Independence Day.
3-26 (e) The state flag should be displayed daily on or near the
3-27 main administration building of every state institution.
4-1 (f) The state flag, when carried in a procession with
4-2 another flag or flags except the United States flag, should be
4-3 either on the marching right, that is, the state flag's right, or,
4-4 if there is a line of other flags, in front of the center of that
4-5 line. When the state flag is carried in a procession in which the
4-6 United States flag is carried, the United States flag should be on
4-7 the marching right, that is, the United States flag's right, and
4-8 the state flag should be on the United States flag's left.
4-9 (g) The state flag should not be displayed on a float in a
4-10 parade except from a staff or as provided in Subsection (o) of this
4-11 section.
4-12 (h) The state flag should not be draped over the hood, top,
4-13 side, or back of any vehicle, railroad train, boat, or aircraft.
4-14 When the state flag is displayed on a motor vehicle, the staff
4-15 should be fixed firmly to the chassis or clamped to the right
4-16 fender. If the United States flag is also displayed, its staff
4-17 should be clamped to the right fender, and the state flag's staff
4-18 should be clamped to the left fender.
4-19 (i) No flag or pennant other than the United States flag
4-20 should be placed above or, if on the same level, to the state
4-21 flag's right, that is, the observer's left. When the state and
4-22 United States flags are displayed at the same time, they should be
4-23 flown on flagpoles of the same height, and the flags should be of
4-24 approximately equal size. The United States flag should be
4-25 displayed to the United States flag's right, that is, the
4-26 observer's left. However, when it is necessary for the state and
4-27 United States flags to be flown from the same flagpole, the state
5-1 flag should be displayed underneath the United States flag. When
5-2 the state flag is displayed on a separate flagpole from the United
5-3 States flag, the state flag should be hoisted after the United
5-4 States flag is hoisted and lowered before the United States flag is
5-5 lowered.
5-6 (j) When the state flag is displayed with another flag,
5-7 other than the United States flag, against a wall from crossed
5-8 staffs, the state flag should be on the state flag's right, that
5-9 is, the observer's left, and its staff should be in front of the
5-10 staff of the other flag. When the state and United States flags
5-11 are displayed against a wall from crossed staffs, the state flag
5-12 should be on the United States flag's left, that is, the observer's
5-13 right, and behind the staff of the United States flag.
5-14 (k) The state flag should be at the center and at the
5-15 highest point of a group when a number of flags or pennants of
5-16 municipalities, localities, organizations, or corporations are
5-17 grouped and displayed from staffs.
5-18 (l) When flags or pennants of municipalities, localities,
5-19 organizations, or corporations are flown on the same halyard with
5-20 the state flag, the latter should always be at the peak. When the
5-21 flags are flown from adjacent staffs, the state flag should be
5-22 hoisted first and lowered last. Those flags or pennants may not be
5-23 placed above the state flag or to the state flag's right, that is,
5-24 the observer's left.
5-25 (m) When the state flag is displayed with the flags of other
5-26 states of the United States, nations other than the United States,
5-27 and international organizations, the state flag should be displayed
6-1 on the state flag's right, that is, the observer's left, on a
6-2 separate flagpole or staff. This subsection does not apply to the
6-3 United States or any agency of the United States, including the
6-4 armed services, when federal law, custom, or practice dictates
6-5 otherwise. The state flag should not be displayed above the flags
6-6 of other states of the United States, nations, and international
6-7 organizations on the same flagpole, and the state flag should not
6-8 be displayed from a higher flagpole or staff.
6-9 (n) When the state flag is displayed from a staff projecting
6-10 horizontally or at an angle from a windowsill, balcony, or front of
6-11 a building, the top of the flag should be placed at the peak of the
6-12 staff unless the flag is at half-staff. When the state flag is
6-13 suspended over a sidewalk from a rope extending from a house to a
6-14 pole at the edge of the sidewalk, the flag should be hoisted out,
6-15 white stripe first, from the building.
6-16 (o) When the state flag is displayed horizontally, the white
6-17 stripe should be uppermost and to the state flag's left, that is,
6-18 to the observer's right. When displayed in a window, the state
6-19 flag should be displayed in the same way, with the blue stripe to
6-20 the left of an observer who is outside the window. When the state
6-21 flag is displayed vertically, the blue stripe should be uppermost
6-22 and the white stripe should be to the state flag's right, that is,
6-23 to the observer's left.
6-24 (p) When the state flag is displayed over the middle of a
6-25 street, it should be suspended vertically with the blue stripe
6-26 uppermost and the white stripe to the north in an east and west
6-27 street, or with the white stripe to the east in a north and south
7-1 street.
7-2 (q) When used on a speaker's platform, the state flag, if
7-3 displayed flat, should be displayed above and behind the speaker.
7-4 If both the state and United States flags are displayed on a
7-5 speaker's platform at the same time, the state flag should be on
7-6 the state flag's left, that is, the observer's right, while the
7-7 United States flag should be on the United States flag's right,
7-8 that is, the observer's left.
7-9 (r) The state flag should form a distinctive feature of the
7-10 ceremony of unveiling a statue or monument, but it should never be
7-11 used as the covering for the statue or monument.
7-12 (s) The state flag, when flown at half-staff, should be
7-13 first hoisted to the peak of the flagpole for an instant and then
7-14 lowered to the half-staff position. The state flag should be again
7-15 raised to the peak before it is lowered for the day. On Memorial
7-16 Day the state flag should be displayed at half-staff until noon
7-17 only, then raised to the peak of the flagpole. By order of the
7-18 governor, the state flag shall be flown at half-staff on the death
7-19 of an individual as a mark of respect to the individual's memory.
7-20 (t) When the state flag is used to cover a casket, it should
7-21 be so placed that the blue stripe is at the head and the white
7-22 stripe is over the left shoulder, that is, the observer's right.
7-23 The state flag should not be lowered into the grave or allowed to
7-24 touch the ground.
7-25 (u) When the state flag is suspended across a corridor or
7-26 lobby in a building with only one main entrance, it should be
7-27 suspended vertically with the white stripe of the flag to the
8-1 observer's left on entering. If the building has more than one
8-2 main entrance, the state flag should be suspended vertically near
8-3 the center of the corridor or lobby with the white stripe to the
8-4 north, when entrances are to the east and west, or to the east,
8-5 when entrances are to the north and south. If there are entrances
8-6 in more than two directions, the white stripe should be to the
8-7 east.
8-8 (v) The state flag should not be dipped to any person or
8-9 thing except as a mark of honor for the United States flag.
8-10 (w) When the state flag is displayed from a flagpole or
8-11 staff, the white stripe should always be at the top of the flag,
8-12 except as a signal of dire distress in instances of extreme danger
8-13 to life or property.
8-14 (x) The state flag should not touch anything beneath it,
8-15 such as the ground or the floor, and should not trail in water.
8-16 (y) The state flag should, when practicable, not be carried
8-17 flat or horizontally, but aloft and free.
8-18 (z) The state flag should not be used as bedding or drapery.
8-19 It should not be festooned, drawn back, or up, in folds, but always
8-20 allowed to fall free. Bunting of blue, white, and red, always
8-21 arranged with the blue above, the white in the middle, and the red
8-22 below, should be used instead of the state flag for covering a
8-23 speaker's desk, for draping the front of a platform, and for
8-24 decoration in general.
8-25 (aa) The state flag should not be fastened, displayed, used,
8-26 or stored in a manner that it can be easily torn, soiled, or
8-27 damaged in any way.
9-1 (bb) The state flag should not be used as a covering for a
9-2 ceiling.
9-3 (cc) The state flag should not have placed on any part of
9-4 it, or attached to it, any mark, insignia, letter, word, figure,
9-5 design, picture, or drawing of any nature.
9-6 (dd) The state flag should not be used as a receptacle for
9-7 receiving, holding, carrying, or delivering anything.
9-8 (ee) Advertisements should not be fastened to a staff or
9-9 halyard from which the state flag is flown.
9-10 (ff) The state flag, when it is in such a condition that it
9-11 is no longer a fitting emblem for display, should be destroyed in a
9-12 dignified way, preferably by burning.
9-13 (gg) During the ceremony of hoisting or lowering the state
9-14 flag or when the state flag is passing in a parade or in review,
9-15 all individuals present except those in uniform should face the
9-16 state flag and stand at attention with the right hand over the
9-17 heart. Those present in uniform should render the military salute.
9-18 When not in uniform, individuals who are wearing a headdress that
9-19 is easily removeable should remove their headdress with their right
9-20 hand and hold it at the left shoulder, with the hand over the
9-21 heart. Individuals who are not citizens of this state should stand
9-22 at attention. The salute to the state flag in a moving column
9-23 should be rendered at the moment the state flag passes.
9-24 Sec. 4. The governor may alter, modify, or repeal any rule
9-25 relating to the display of the state flag set forth in Section 3 or
9-26 may prescribe additional rules with respect to the display of the
9-27 state flag. The governor shall set forth any alterations or
10-1 additional rules in an executive order published in the Texas
10-2 Register.
10-3 Sec. 5. (a) A governmental subdivision or agency may not
10-4 enact or enforce a law that prohibits:
10-5 (1) the display of a municipal flag, the state flag,
10-6 the flag of another state of the United States, the United States
10-7 flag, or the flag of a nation other than the United States; or
10-8 (2) any conduct covered by this article.
10-9 (b) This section does not apply to an action by a
10-10 governmental subdivision or agency to enact or enforce a law
10-11 established to protect the public health and safety.
10-12 SECTION 4. Title 106, Revised Statutes, is amended by adding
10-13 Article 6139d to read as follows:
10-14 Art. 6139d. FLAG OF THE GOVERNOR. The governor may adopt a
10-15 flag for the governor's official use. The governor shall set forth
10-16 the description of the flag in an executive order published in the
10-17 Texas Register.
10-18 SECTION 5. Title 106, Revised Statutes, is amended by adding
10-19 Article 6139e to read as follows:
10-20 Art. 6139e. STATE SONG. (a) The state song is "Texas, Our
10-21 Texas" by William J. Marsh and Gladys Yoakum Wright:
10-22 Texas, our Texas! All hail the mighty State!
10-23 Texas, our Texas! So wonderful so great!
10-24 Boldest and grandest, Withstanding ev'ry test;
10-25 O Empire wide and glorious, You stand supremely blest.
10-26 Refrain
10-27 God bless you Texas! And keep you brave and strong,
11-1 That you may grow in power and worth, Thro'out the
11-2 ages long.
11-3 Texas, O Texas! Your freeborn single star,
11-4 Sends out its radiance to nations near and far.
11-5 Emblem of freedom! It sets our hearts aglow,
11-6 With thoughts of San Jacinto and glorious Alamo.
11-7 Refrain
11-8 Texas, dear Texas! From tyrant grip now free,
11-9 Shines forth in splendor your star of destiny!
11-10 Mother of heroes! We come your children true,
11-11 Proclaiming our allegiance, our faith, our love for you.
11-12 Refrain
11-13 (b) During the rendition of the state song when the state
11-14 flag is displayed, all individuals present except those in uniform
11-15 should stand at attention facing the state flag with the right hand
11-16 over the heart. Those present in uniform should render the
11-17 military salute at the first note of the state song and retain this
11-18 position until the last note. When not in uniform, individuals who
11-19 are wearing a headdress that is easily removeable should remove
11-20 their headdress with their right hand and hold it at the left
11-21 shoulder, with the hand over the heart. Individuals who are not
11-22 citizens of this state should stand at attention.
11-23 (c) When the state flag is not displayed, those present
11-24 should face toward the music and act in the same manner as they
11-25 would if the state flag were displayed there.
11-26 (d) The state song should be rendered after the national
11-27 anthem if both are rendered.
12-1 SECTION 6. Title 106, Revised Statutes, is amended by adding
12-2 Article 6139f to read as follows:
12-3 Art. 6139f. STATE SEAL; STATE ARMS. (a) The state seal is
12-4 as provided by Article IV, Section 19, of the Texas Constitution.
12-5 (b) The reverse of the state seal contains a shield,
12-6 displaying a depiction of the Alamo, the cannon of the Battle of
12-7 Gonzales, and Vince's Bridge. The shield is encircled by live oak
12-8 and olive branches, and the unfurled flags of the Kingdom of
12-9 France, the Kingdom of Spain, the United Mexican States, the
12-10 Republic of Texas, the Confederate States of America, and the
12-11 United States of America. Above the shield is emblazoned the
12-12 motto, "REMEMBER THE ALAMO," and beneath it are the words, "TEXAS
12-13 ONE AND INDIVISIBLE," with a white five-pointed star hanging over
12-14 the shield, centered between the flags.
12-15 (c) The state arms are a white star of five points, on an
12-16 azure ground, encircled by olive and live oak branches.
12-17 (d) The secretary of state, by rule, shall adopt standard
12-18 designs for the state seal, the reverse of the state seal, and the
12-19 state arms.
12-20 (e) A law that requires the use of the state seal does not
12-21 require the use of the state arms or the reverse of the state seal.
12-22 SECTION 7. Section 2.02, Education Code, is amended to read
12-23 as follows:
12-24 Sec. 2.02. THE FLYING OF THE STATE FLAG. On all regular
12-25 school days, every school and other educational institution covered
12-26 by this code shall fly the state <Texas> flag in accordance with
12-27 the Texas Flag Code, Article 6139c, Revised Statutes <general rules
13-1 governing its use>.
13-2 SECTION 8. Section 17.08, Business & Commerce Code, is
13-3 amended to read as follows:
13-4 Sec. 17.08. Private Use of State <Great> Seal <of Texas>.
13-5 (a) In this section:
13-6 (1) "Commercial purpose" means a purpose that is
13-7 intended to result in a profit or other tangible benefit but does
13-8 not include:
13-9 (A) <an> official use of the state seal or a
13-10 representation of the state seal in a state function;
13-11 (B) <or the> use of the state seal <Great Seal
13-12 of Texas> or a representation of the state seal <Great Seal of
13-13 Texas> for a political purpose by an elected official of this
13-14 state;
13-15 (C) use of the state seal or a representation of
13-16 the state seal in an encyclopedia, dictionary, book, journal,
13-17 pamphlet, periodical, magazine, or newspaper incident to a
13-18 description or history of seals, coats of arms, heraldry, or this
13-19 state;
13-20 (D) use of the state seal or a representation of
13-21 the state seal in a library, museum, or educational facility
13-22 incident to descriptions or exhibits relating to seals, coats of
13-23 arms, heraldry, or this state;
13-24 (E) use of the state seal or a representation of
13-25 the state seal in a theatrical, motion-picture, television, or
13-26 similar production for a historical, educational, or newsworthy
13-27 purpose; or
14-1 (F) use of the state seal or a representation of
14-2 the state seal for another historical, educational, or newsworthy
14-3 purpose if authorized in writing by the secretary of state.
14-4 (2) "Representation of the state seal <Great Seal of
14-5 Texas>" includes a nonexact representation that the secretary of
14-6 state determines is deceptively similar to the state seal. <Great
14-7 Seal of Texas;>
14-8 (3) "Official use" means the use of the state seal
14-9 <Great Seal of Texas> by an officer or employee of this state in
14-10 performing a state function.<;>
14-11 (4) "State function" means a state governmental
14-12 activity authorized or required by law.
14-13 (5) "State seal" means the state seal, the reverse of
14-14 the state seal, and the state arms as defined by Article 6139f,
14-15 Revised Statutes.
14-16 (b) Except as otherwise provided by this section, a person
14-17 may not use a representation of the state seal <Great Seal of
14-18 Texas>:
14-19 (1) to advertise or publicize tangible personal
14-20 property or a commercial undertaking; or
14-21 (2) for another commercial purpose.
14-22 (c) A person may use a representation of the state seal
14-23 <Great Seal of Texas> for a commercial purpose if the person
14-24 obtains a license from the secretary of state for that use. The
14-25 secretary of state, under the authority vested in the secretary as
14-26 custodian of the seal under Article IV, Section 19, of the Texas
14-27 Constitution, shall issue a license to a person who applies for a
15-1 license on a form provided by the secretary of state and who pays
15-2 the fees required under this section if the secretary of state
15-3 determines that the use is in the best interests of the state and
15-4 not detrimental to the image of the state. A license issued under
15-5 this section expires one year after the date of issuance and may be
15-6 renewed.
15-7 (d) The secretary of state shall adopt rules relating to the
15-8 use of the state seal <Great Seal of Texas> by a person licensed
15-9 under this section. The secretary of state shall adopt the rules
15-10 in the manner provided by the Administrative Procedure and Texas
15-11 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
15-12 (e) The application fee for a license under this section is
15-13 $35. The license fee for an original or renewal license is $250.
15-14 In addition to those fees, each licensee shall pay an amount equal
15-15 to three percent of the licensee's annual gross receipts related to
15-16 the licensed use in excess of $5,000 to the state as a royalty fee.
15-17 (f) A person licensed under this section shall maintain
15-18 records relating to the licensee's use of the state seal <Great
15-19 Seal of Texas> in the manner required by the rules of the secretary
15-20 of state. The secretary of state may examine the records during
15-21 reasonable business hours to determine the licensee's compliance
15-22 with this section. Each licensee shall display the license in a
15-23 conspicuous manner in the licensee's office or place of business.
15-24 (g) The secretary of state may suspend or revoke a license
15-25 issued under this section for failure to comply with this section
15-26 or the rules adopted under this section. The secretary of state
15-27 may bring a civil action to enjoin a violation of this section or
16-1 the rules adopted under this section.
16-2 (h) A person who reproduces an official document bearing the
16-3 state seal <Great Seal of Texas> does not violate Subsection (b) of
16-4 this section if the document is:
16-5 (1) reproduced in complete form; and
16-6 (2) used for a purpose related to the purpose for
16-7 which the document was issued by the state.
16-8 (i) A person who violates a provision of Subsection (b) of
16-9 this section commits an offense. An offense under this section is
16-10 a Class C misdemeanor.
16-11 (j) A person who violates Subsection (b) of this section
16-12 commits a separate offense each day that the person violates a
16-13 provision of that subsection.
16-14 SECTION 9. Sections 9A(a) and (b), State Aircraft Pooling
16-15 Act (Article 4413(34b), Vernon's Texas Civil Statutes), are amended
16-16 to read as follows:
16-17 (a) Except as provided by Subsection (c) of this section,
16-18 all aircraft owned or leased by the state shall be marked:
16-19 (1) with the <Texas> state seal on each side of the
16-20 aircraft's vertical stabilizer; and
16-21 (2) with the words "The State of Texas" on each side
16-22 of the aircraft's fuselage.
16-23 (b) The board shall, consistent with federal regulations and
16-24 Article 6139f, Revised Statutes, and its subsequent amendments,
16-25 adopt rules governing the color, size, and location of marks of
16-26 identification required by this section.
16-27 SECTION 10. Section 30, The Securities Act (Article 581-30,
17-1 Vernon's Texas Civil Statutes), is amended to read as follows:
17-2 Sec. 30. Certified Copies of Papers Filed with Commissioner
17-3 as Evidence. Copies of all papers, instruments, or documents filed
17-4 in the office of the Commissioner, certified by the Commissioner,
17-5 shall be admitted to be read in evidence in all courts of law and
17-6 elsewhere in this state in all cases where the original would be
17-7 admitted in evidence; provided, that in any proceeding in the court
17-8 having jurisdiction, the court may, on cause shown, require the
17-9 production of the originals.
17-10 The Commissioner shall assume custody of all records of the
17-11 Securities Divisions within the offices of the Secretary of State
17-12 and of the Board of Insurance Commissioners, and henceforth these
17-13 prior records shall be proven under certificate of the
17-14 Commissioner.
17-15 In any prosecution, action, suit or proceeding before any of
17-16 the several courts of this state based upon or arising out of or
17-17 under the provisions of this Act, a certificate under the state
17-18 seal <of the state>, duly signed by the Commissioner, showing
17-19 compliance or non-compliance with the provisions of this Act
17-20 respecting compliance or non-compliance with the provisions of this
17-21 Act by any dealer or salesman, shall constitute prima facie
17-22 evidence of such compliance or of such non-compliance with the
17-23 provisions of this Act, as the case may be, and shall be admissible
17-24 in evidence in any action at law or in equity to enforce the
17-25 provisions of this Act.
17-26 SECTION 11. Section 3, Texas Uniform Facsimile Signature of
17-27 Public Officials Act (Article 717j-1, Vernon's Texas Civil
18-1 Statutes), is amended to read as follows:
18-2 Sec. 3. Facsimile Seal. When the state seal <of this
18-3 state>, the seal of any of the state's <its> political
18-4 subdivisions, or the seal of any department, agency, or other
18-5 instrumentality of this state or its political subdivisions is
18-6 required in the execution, authentication, certification, or
18-7 endorsement of a public security, eligible contract, instrument of
18-8 payment or certificate of assessment, the authorized officer may
18-9 cause the seal to be printed, engraved, lithographed, stamped, or
18-10 otherwise placed in facsimile thereon. The facsimile seal has the
18-11 same legal effect as the impression of the seal.
18-12 SECTION 12. Section 4.058, Public Facility Corporation Act
18-13 (Article 717s, Revised Statutes), is amended to read as follows:
18-14 Sec. 4.058. Documents as prima facie evidence. The
18-15 following documents shall be received by a court, public office, or
18-16 official body as prima facie evidence of the facts, or the
18-17 existence or nonexistence of the facts, stated in the document:
18-18 (1) a certificate issued by the secretary of state
18-19 under this article;
18-20 (2) a copy, certified by the secretary of state, of a
18-21 document filed in the office of the secretary of state under this
18-22 article; and
18-23 (3) a certificate of the secretary of state under the
18-24 state seal <Great Seal of Texas> as to the existence or
18-25 nonexistence of a fact relating to a corporation that would not
18-26 appear from a document or certificate under Subdivision (1) or (2)
18-27 of this section.
19-1 SECTION 13. Section 9.06, Texas Non-Profit Corporation Act
19-2 (Article 1396-9.06, Vernon's Texas Civil Statutes), is amended to
19-3 read as follows:
19-4 Sec. 9.06. Certificates and Certified Copies to be Received
19-5 in Evidence. A. All certificates issued by the Secretary of State
19-6 in accordance with the provisions of this Act, and all copies of
19-7 documents filed in his office, in accordance with the provisions of
19-8 this Act when certified by him, shall be taken and received in all
19-9 courts, public offices, and official bodies as prima facie evidence
19-10 of the facts therein stated and may be officially recorded. A
19-11 certificate by the Secretary of State under the state <great> seal
19-12 <of this State>, as to the existence or non-existence of the facts
19-13 relating to corporations which would not appear from a certified
19-14 copy of any of the foregoing documents or certificates shall be
19-15 taken and received in all courts, public offices, and official
19-16 bodies as prima facie evidence of the existence or non-existence of
19-17 the facts therein stated.
19-18 SECTION 14. Section 8, Electric Cooperative Corporation Act
19-19 (Article 1528b, Vernon's Texas Civil Statutes), is amended to read
19-20 as follows:
19-21 Sec. 8. Execution, Filing, and Recording of Articles of
19-22 Incorporation. When the incorporators of any corporation shall
19-23 furnish satisfactory evidence to the Secretary of State of a
19-24 compliance with the provisions of this Act, said officer shall
19-25 receive, file, and record the articles of incorporation of such
19-26 corporation in his office, upon application and payment of all fees
19-27 therefor, and give a certificate showing the recording of such
20-1 articles and authority to do business thereunder. The articles
20-2 shall thereupon be filed in the office of the Secretary of State,
20-3 who shall record same at length in a book to be kept for that
20-4 purpose, and retain the original on file in his office. A copy of
20-5 the articles, or of the record thereof, certified under the state
20-6 seal <Great Seal of the State>, shall be evidence of the creation
20-7 of the corporation. The existence of the corporation shall date
20-8 from the filing of the articles in the office of the Secretary of
20-9 State. The certificate of the Secretary of State shall be evidence
20-10 of such filing.
20-11 SECTION 15. Section 7, Telephone Cooperative Act (Article
20-12 1528c, Vernon's Texas Civil Statutes), is amended to read as
20-13 follows:
20-14 Sec. 7. Execution, Filing, and Recording of Articles of
20-15 Incorporation. When the incorporators of any corporation shall
20-16 furnish satisfactory evidence to the Secretary of State of a
20-17 compliance with the provisions of this Act, said officer shall
20-18 receive, file, and record the articles of incorporation of such
20-19 corporation in his office, upon application and payment of all fees
20-20 therefor, and give a certificate showing the recording of such
20-21 articles and authority to do business thereunder. The articles
20-22 shall thereupon be filed in the office of the Secretary of State,
20-23 who shall record same at length in a book to be kept for that
20-24 purpose, and retain the original on file in his office. A copy of
20-25 the articles, or of the record thereof, certified under the state
20-26 seal <Great Seal of the State>, shall be evidence of the creation
20-27 of the corporation. The existence of the corporation shall date
21-1 from the filing of the articles in the office of the Secretary of
21-2 State. The certificate of the Secretary of State shall be evidence
21-3 of such filing.
21-4 SECTION 16. Section 1, Chapter 65, Acts of the 43rd
21-5 Legislature, 2nd Called Session, 1934 (Article 2606a, Vernon's
21-6 Texas Civil Statutes), is amended to read as follows:
21-7 Sec. 1. The Governor of the State of Texas is hereby
21-8 authorized to have printed manuscript bonds of the State of Texas
21-9 in convenient denominations to be determined by him for the purpose
21-10 of refunding the principal of the bonds hereinafter mentioned.
21-11 Said bonds shall be designated "State of Texas Refunding Bonds,
21-12 Issue of 1934." Said bonds shall be numbered and dated as
21-13 hereinafter indicated and shall bear the rate of interest
21-14 hereinafter fixed, and shall become due and payable on the dates
21-15 hereinafter shown. Interest paying dates on the various bonds
21-16 authorized herein shall be fixed as hereinafter indicated. The
21-17 form of such bonds shall be prepared by the Attorney General. Each
21-18 of them shall be signed by the Governor and the Treasurer of the
21-19 State of Texas and countersigned and registered by the Comptroller,
21-20 and shall have the state seal <of Texas> affixed thereto.
21-21 SECTION 17. Article 4012, Revised Statutes, is amended to
21-22 read as follows:
21-23 Art. 4012. Evidence of authority. Any veteran of any of the
21-24 wars mentioned in this title, their wives, widows or members of
21-25 their families, and any minister of religion, or any fireman,
21-26 sister of charity or member of any religious society of like
21-27 character, who desires to receive the benefits of free or reduced
22-1 transportation as mentioned in this title shall present to the
22-2 president, manager, officer, or person authorized to issue such
22-3 transportation satisfactory evidence that he or she is entitled
22-4 thereto, as herein provided. The officers entitled to the benefits
22-5 of this law shall, when presenting themselves to the agent of any
22-6 such railway or interurban railway company for the purchase of a
22-7 ticket or to pay his fare, exhibit to such agent in case of the
22-8 Adjutant General and State Rangers a certificate of the Secretary
22-9 of State under the state seal, in case of sheriffs and constables
22-10 and their deputies a certificate under seal of the county judge of
22-11 the county where they hold office and in case of officers of a city
22-12 or town a certificate under seal of the mayor of such city or town
22-13 stating that such person is entitled to the reduced fare herein
22-14 provided for. Sheriffs and constables shall designate in writing
22-15 the two deputies entitled to the reduced rates herein provided for.
22-16 If the sheriff or constable has designated two deputies who are
22-17 entitled to such reduced rates, then no deputy of such sheriff or
22-18 constable shall be entitled to free transportation under the
22-19 provisions of the pass laws of this State.
22-20 SECTION 18. Section 5, Chapter 94, Acts of the 51st
22-21 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
22-22 Civil Statutes), is amended to read as follows:
22-23 Sec. 5. The Board shall preserve a record of its proceedings
22-24 in a book kept for that purpose, showing name, age, place, and
22-25 duration of residence of each applicant, the time spent in the
22-26 study of chiropractic in respective chiropractic schools, together
22-27 with such other information as the Board may desire to record.
23-1 Said register shall also show whether applicants were rejected or
23-2 licensed and shall be prima-facie evidence of all matters contained
23-3 therein. The secretary of the Board shall on May 1st of each year
23-4 transmit an official copy of said register to the Secretary of
23-5 State for permanent record, a certified copy of which, with hand
23-6 and seal of the secretary of said Board or the hand of the
23-7 Secretary of State under the state seal, shall be admitted in
23-8 evidence in all courts.
23-9 SECTION 19. Subdivision (2), Subsection E, Section 2,
23-10 Chapter 251, Acts of the 53rd Legislature, Regular Session, 1953
23-11 (Article 4582b, Vernon's Texas Civil Statutes), is amended to read
23-12 as follows:
23-13 (2) The commission shall file annually with the
23-14 Governor a list of the names of all duly licensed funeral
23-15 directors, embalmers, and funeral establishments. A copy shall be
23-16 filed with the Secretary of State for permanent record, a certified
23-17 copy of which, under the hand <and seal> of the Secretary of State
23-18 and the state seal, shall be admissible as evidence in all courts.
23-19 SECTION 20. Section 5, Chapter 104, Acts of the 48th
23-20 Legislature, Regular Session, 1943 (Article 5154a, Vernon's Texas
23-21 Civil Statutes), is amended to read as follows:
23-22 Sec. 5. Organizers. All labor union organizers operating in
23-23 the State of Texas shall be required to file with the Secretary of
23-24 State, before soliciting any members for his organization, a
23-25 written request by United States mail, or shall apply in person for
23-26 an organizer's card, stating (a) his name in full; (b) his labor
23-27 union affiliations, if any; (c) describing his credentials and
24-1 attaching thereto a copy thereof, which application shall be signed
24-2 by him. Upon such applications being filed, the Secretary of State
24-3 shall issue to the applicant a card on which shall appear the
24-4 following: (1) the applicant's name; (2) his union affiliation;
24-5 (3) a space for his personal signature; (4) a designation, "labor
24-6 organizer"; and, (5) the signature of the Secretary of State, dated
24-7 and attested by the state <his> seal <of office>. Such organizer
24-8 shall at all times, when soliciting members, carry such card, and
24-9 shall exhibit the same when requested to do so by a person being so
24-10 solicited for membership.
24-11 SECTION 21. Section 7(a), Chapter 111, Acts of the 61st
24-12 Legislature, Regular Session, 1969 (Article 6144h, Vernon's Texas
24-13 Civil Statutes), is amended to read as follows:
24-14 (a) The decoration shall display the state seal <Great Seal
24-15 of the State of Texas> with the words "Distinguished Service Medal"
24-16 engraved in a circle thereon, and shall be suspended from a bar of
24-17 red, white, and blue.
24-18 SECTION 22. Article 6265, Revised Statutes, is amended to
24-19 read as follows:
24-20 Art. 6265. Beginning of existence. The existence of such
24-21 corporation shall date from the filing of the articles of
24-22 incorporation in the office of the Secretary of State, and the
24-23 certificate of the Secretary of State under the state seal <of the
24-24 State>, shall be evidence of such filing.
24-25 SECTION 23. Article 6528, Revised Statutes, is amended to
24-26 read as follows:
24-27 Art. 6528. Registering bonds. When such bonds shall be
25-1 presented to the Secretary of State with said direction to
25-2 register, he shall register said bonds by entering a description
25-3 thereof in a book to be kept for that purpose, which shall show the
25-4 date, number, amount, when due, the rate of interest on each bond,
25-5 and also the date when the same is registered. The Secretary of
25-6 State shall indorse on each bond, under the state seal <of his
25-7 office> and his official signature, together with the date thereof,
25-8 as follows: "This bond is registered under the direction of the
25-9 Railroad Commission of Texas." Provided, however, that at the
25-10 direction of the Secretary of State the state <his said> seal may
25-11 be a facsimile seal in lieu of the <his> manually impressed state
25-12 seal and his said signature may be his facsimile signature in lieu
25-13 of his manual signature. No bond or other evidence of debt,
25-14 hereafter issued by or under the authority of any person, firm,
25-15 corporation, court, or railroad company, whereby a lien is created
25-16 on its franchise or property situated in this State, shall be valid
25-17 or have any force until the same has been registered as required
25-18 herein.
25-19 SECTION 24. Section 201.048(d), Agriculture Code, is amended
25-20 to read as follows:
25-21 (d) The secretary of state shall make and issue to the
25-22 directors a certificate, under the state seal <of this state>, of
25-23 the due organization of the conservation district. The secretary
25-24 shall record the certificate with the application and statement.
25-25 SECTION 25. Article 9.05, Texas Business Corporation Act, is
25-26 amended to read as follows:
25-27 Art. 9.05. Certificates and Certified Copies to be Received
26-1 in Evidence. A. All certificates issued by the Secretary of State
26-2 in accordance with the provisions of this Act, and all copies of
26-3 documents filed in his office in accordance with the provisions of
26-4 this Act, when certified by him, shall be taken and received in all
26-5 courts, public offices, and official bodies as prima facie evidence
26-6 of the facts therein stated, and shall be subject to recordation.
26-7 A certificate by the Secretary of State, under the state <great>
26-8 seal <of this State>, as to the existence or non-existence of the
26-9 facts relating to corporations which would not appear from a
26-10 certified copy of any of the foregoing documents or certificates
26-11 shall be taken and received in all courts, public offices, and
26-12 official bodies as prima facie evidence of the existence or
26-13 non-existence of the facts therein stated.
26-14 SECTION 26. Article 48.03, Code of Criminal Procedure, is
26-15 amended to read as follows:
26-16 Art. 48.03. Governor's acts under seal. All remissions of
26-17 fines and forfeitures, and all reprieves, commutations of
26-18 punishment and pardons, shall be signed by the Governor, and
26-19 certified by the Secretary of State, under the state <great> seal
26-20 <of State>, and shall be forthwith obeyed by any officer to whom
26-21 the same may be presented.
26-22 SECTION 27. Section 22, Article 51.13, Code of Criminal
26-23 Procedure, is amended to read as follows:
26-24 Sec. 22. FUGITIVES FROM THIS STATE; DUTY OF GOVERNOR.
26-25 Whenever the Governor of this State shall demand a person charged
26-26 with crime or with escaping from confinement or breaking the terms
26-27 of his bail, probation or parole in this State, from the Executive
27-1 Authority of any other State, or from the Chief Justice or an
27-2 Associate Justice of the Supreme Court of the District of Columbia
27-3 authorized to receive such demand under the laws of the United
27-4 States, he shall issue a warrant under the state seal <of this
27-5 State>, to some agent, commanding him to receive the person so
27-6 charged if delivered to him and convey him to the proper officer of
27-7 the county in this State in which the offense was committed, or in
27-8 which the prosecution for such offense is then pending.
27-9 SECTION 28. Section 52.11(h), Education Code, is amended to
27-10 read as follows:
27-11 (h) The bonds shall be executed on behalf of the
27-12 coordinating board, or its successor, as general obligations of the
27-13 State of Texas in the following manner: They shall be signed by
27-14 the chairman or vice chairman and the secretary of the board, and
27-15 the seal of the board shall be impressed on them. They shall be
27-16 signed by the governor and attested by the secretary of state and
27-17 the state seal <of the state> impressed on them. The resolution
27-18 authorizing the issuance of any installment or series of bonds may
27-19 prescribe the extent to which facsimile signatures and facsimile
27-20 seals may be used in executing the bonds and appurtenant coupons.
27-21 Interest coupons may be signed with the facsimile signatures of the
27-22 chairman or vice chairman and the secretary of the board. In the
27-23 event any officer whose manual or facsimile signature appears on
27-24 any bond or coupon ceases to hold that office before the delivery
27-25 of the bond or coupon, the signature will nevertheless be valid and
27-26 sufficient for all purposes as if he had remained in office until
27-27 the delivery had been made.
28-1 SECTION 29. Section 88.204, Education Code, is amended to
28-2 read as follows:
28-3 Sec. 88.204. SALE OF STATIONS. If property used in the
28-4 operation of a station is sold, the title to the property shall not
28-5 pass from this state until a deed of conveyance is made to the
28-6 purchaser, duly signed by the governor and attested by the
28-7 secretary of state under the state <his official> seal. All funds
28-8 received from the sale of station lands or property shall be
28-9 deposited in the state treasury and shall be paid out in accordance
28-10 with the provisions of this subchapter.
28-11 SECTION 30. Section 255.006(c), Election Code, is amended to
28-12 read as follows:
28-13 (c) A person other than an officeholder commits an offense
28-14 if the person knowingly uses a representation of the state seal
28-15 <Great Seal of Texas> in political advertising.
28-16 SECTION 31. Section 441.059(a), Government Code, is amended
28-17 to read as follows:
28-18 (a) The records preservation officer shall prescribe the
28-19 place and manner of safekeeping of essential records or
28-20 preservation duplicates and shall establish storage facilities for
28-21 the records and duplicates. At least one copy of each essential
28-22 record and a duplicate state seal <of the state> shall be stored in
28-23 the safest possible location in facilities constructed to withstand
28-24 blast, fire, water, and other destructive forces. The facilities
28-25 must be in a place other than the legally designated or customary
28-26 storage location for the records or duplicates. The records
28-27 preservation officer shall properly maintain essential records and
29-1 preservation duplicates that the records preservation officer
29-2 stores.
29-3 SECTION 32. Section 465.025(d), Government Code, is amended
29-4 to read as follows:
29-5 (d) The bonds may be issued in the form and denominations
29-6 and executed in the manner and under the terms, conditions, and
29-7 details determined by the commission or a financing corporation, as
29-8 applicable, in the resolution authorizing their issuance. The
29-9 bonds issued by the commission must be signed on behalf of the
29-10 state by the governor, have the state seal <of the state> impressed
29-11 on them, and be attested by the secretary of state. If any officer
29-12 whose manual or facsimile signature appears on the bonds ceases to
29-13 be an officer, the signature is still valid and sufficient for all
29-14 purposes as if the officer had remained in office.
29-15 SECTION 33. Section 221.104, Health and Safety Code, is
29-16 amended to read as follows:
29-17 Sec. 221.104. DOCUMENTS AS PRIMA FACIE EVIDENCE. The
29-18 following documents shall be received by a court, public office, or
29-19 official body as prima facie evidence of the facts, or the
29-20 existence or nonexistence of the facts, stated in the document:
29-21 (1) a certificate issued by the secretary of state
29-22 under this chapter;
29-23 (2) a copy, certified by the secretary of state, of a
29-24 document filed in the office of the secretary of state under this
29-25 chapter; and
29-26 (3) a certificate of the secretary of state under the
29-27 state seal <Great Seal of Texas> as to the existence or
30-1 nonexistence of a fact relating to a development corporation that
30-2 would not appear from a document or certificate under Subdivision
30-3 (1) or (2).
30-4 SECTION 34. Section 345.063(b), Health and Safety Code, is
30-5 amended to read as follows:
30-6 (b) The stamps must contain:
30-7 (1) a replica of the state seal <Great Seal of Texas>;
30-8 (2) the registry number, the serial numbers, or both;
30-9 and
30-10 (3) any other information as determined by the
30-11 department.
30-12 SECTION 35. Section 51.243(a), Natural Resources Code, is
30-13 amended to read as follows:
30-14 (a) Each patent for land from the state shall be issued in
30-15 the name and by authority of the state under the state seal <of the
30-16 state> and the land office seal and shall be signed by the governor
30-17 and countersigned by the commissioner.
30-18 SECTION 36. Section 161.116(b), Natural Resources Code, is
30-19 amended to read as follows:
30-20 (b) The bonds shall be signed by the chairman and the
30-21 secretary of the board and the seal of the board shall be impressed
30-22 on the bonds. In addition, the bonds shall be signed by the
30-23 governor and attested by the Secretary of State with the state seal
30-24 <of the state> impressed on the bonds.
30-25 SECTION 37. Section 162.036(b), Natural Resources Code, is
30-26 amended to read as follows:
30-27 (b) The bonds shall be signed by the chairman and the
31-1 secretary of the board and the seal of the board shall be impressed
31-2 on the bonds. In addition, the bonds shall be signed by the
31-3 governor and attested by the secretary of state with the state seal
31-4 <of the state> impressed on the bonds.
31-5 SECTION 38. Section 171.355(d), Tax Code, is amended to read
31-6 as follows:
31-7 (d) The failure of the secretary of state to mail a copy of
31-8 legal process to a corporation does not affect the validity of the
31-9 service of process. It is competent and sufficient proof of the
31-10 service of process that the secretary of state certifies under the
31-11 state <secretary's official> seal the receipt of the process.
31-12 SECTION 39. Article 8253, Revised Statutes, is amended to
31-13 read as follows:
31-14 Art. 8253. BRANCH PILOT LICENSE. All branch pilots
31-15 appointed under and in accordance with this law or the rules and
31-16 regulations of such navigation district shall enter into bond with
31-17 one or more good and sufficient sureties in the sum of five
31-18 thousand dollars, payable to the Governor, conditioned upon the
31-19 faithful performance on any employee which together with any other
31-20 insurance under commissioners of such district, and shall be
31-21 deposited in the office of the Secretary of State. Each pilot
31-22 shall also take the official oath, which shall be endorsed on said
31-23 bond. Upon the filing of said bond, and the taking of said oath,
31-24 the commissioners of such district shall certify to the Governor
31-25 that each branch pilot has duly qualified to act as such, and
31-26 thereupon the Governor shall issue to said branch pilot, in the
31-27 name and under the state seal <of the State>, a commission to serve
32-1 as branch pilot from such ports, across any intermediate bars, to
32-2 the open gulf; and said commission shall be for a term of four
32-3 years, unless such branch pilot shall be dismissed from service by
32-4 said navigation and canal commissioners, in which event such
32-5 commission shall expire.
32-6 SECTION 40. Section 4.06, Houston Pilots Licensing and
32-7 Regulatory Act (Article 8280a, Vernon's Texas Civil Statutes), is
32-8 amended to read as follows:
32-9 Sec. 4.06. ISSUANCE OF LICENSE. On filing of the bond and
32-10 oath provided by Section 4.09 of this Act, the board shall certify
32-11 to the governor that the branch pilot has duly qualified to act as
32-12 a branch pilot, and on receiving this certification, the governor
32-13 shall issue to the branch pilot, in the name and under the state
32-14 seal <of the state>, a commission to serve as a branch pilot from
32-15 the ports within the jurisdiction of the board, across intermediate
32-16 bars, to and from the open gulf.
32-17 SECTION 41. Section 4.06(a), Galveston County Pilots
32-18 Licensing and Regulatory Act (Article 8280b, Vernon's Texas Civil
32-19 Statutes), is amended to read as follows:
32-20 (a) On filing of the bond and oath provided by Section 4.09
32-21 of this Act, the board shall certify to the governor that the
32-22 branch pilot has duly qualified to act as a branch pilot, and on
32-23 receiving this certification, the governor shall issue to the
32-24 branch pilot, in the name and under the state seal <of the state>,
32-25 a commission to serve as a branch pilot from the ports within the
32-26 jurisdiction of the board, across intermediate bars, to and from
32-27 the open gulf.
33-1 SECTION 42. Section 4.06(a), Brazoria County Pilots
33-2 Licensing and Regulatory Act (Article 8280c, Vernon's Texas Civil
33-3 Statutes), is amended to read as follows:
33-4 (a) On filing of the bond and oath provided by Section 4.09
33-5 of this Act, the board shall certify to the governor that the
33-6 branch pilot has qualified to act as a branch pilot, and on
33-7 receiving this certification, the governor shall issue to the
33-8 branch pilot, in the name and under the state seal <of the state>,
33-9 a commission to serve as a branch pilot from the ports within the
33-10 jurisdiction of the board, across intermediate bars, to and from
33-11 the open gulf.
33-12 SECTION 43. The following laws are repealed:
33-13 (1) Articles 6139, 6140, 6141, and 6142, Revised
33-14 Statutes;
33-15 (2) Chapter 87, General Laws, Acts of the 43rd
33-16 Legislature, Regular Session, 1933 (Article 6142a, Vernon's Texas
33-17 Civil Statutes);
33-18 (3) Chapter 77, Acts of the 54th Legislature, Regular
33-19 Session, 1955 (Article 6142b, Vernon's Texas Civil Statutes);
33-20 (4) Section 11.05, State Purchasing and General
33-21 Services Act (Article 601b, Vernon's Texas Civil Statutes); and
33-22 (5) Section 17.07, Business & Commerce Code.
33-23 SECTION 44. This Act applies only to a license issued under
33-24 Section 17.08, Business & Commerce Code, on or after the effective
33-25 date of this Act. A license issued before the effective date of
33-26 this Act is governed by the law in effect at the time the license
33-27 was issued, and that law is continued in effect for this purpose.
34-1 SECTION 45. The change in the designation of the Great Seal
34-2 of the State of Texas, the seal of the secretary of state, or any
34-3 other seal under this Act does not affect the validity of any
34-4 document signed or any other act performed under seal before the
34-5 effective date of this Act.
34-6 SECTION 46. The change in law made by Section 43 of this Act
34-7 does not apply to a civil action commenced before the effective
34-8 date of this Act. A civil action commenced before the effective
34-9 date of this Act is covered by the law in effect when the action
34-10 was commenced, and the former law is continued in effect for this
34-11 purpose.
34-12 SECTION 47. The repeal of Section 11.05, State Purchasing
34-13 and General Services Act (Article 601b, Vernon's Texas Civil
34-14 Statutes), does not affect the validity of a contract entered into
34-15 under that section before the effective date of this Act.
34-16 SECTION 48. (a) The change in law made by Section 43 of
34-17 this Act does not apply to the prosecution of an offense committed
34-18 before the effective date of this Act. For purposes of this
34-19 section, an offense is committed before the effective date of this
34-20 Act if any element of the offense occurs before that date.
34-21 (b) An offense committed before the effective date of this
34-22 Act is covered by the law in effect when the offense was committed,
34-23 and the former law is continued in effect for this purpose.
34-24 SECTION 49. Each board, commission, department, institution,
34-25 office, or other agency of the state government, including an
34-26 institution of higher education as defined by Section 61.003,
34-27 Education Code, shall use the state flags, staffs, and finials and
35-1 any item bearing the Great Seal of Texas it has on the effective
35-2 date of this Act until those items are unserviceable.
35-3 SECTION 50. The importance of this legislation and the
35-4 crowded condition of the calendars in both houses create an
35-5 emergency and an imperative public necessity that the
35-6 constitutional rule requiring bills to be read on three several
35-7 days in each house be suspended, and this rule is hereby suspended.